Lyon v. Gormley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. This was an action of trover, to October Term 1862, by William A. Lyon aga.inst Samuel Gormley, executor, &e., of A. Kirk Lewis, to recover the value of 36,000 bushels of coal, taken and sold by the decedent, but claimed by Lyon to be his property, under the following circumstances:— Lewis, the decedent, under the Act of May 5th 1862, Purd. 846, had constructed an underground railroad on the land of Lyon.
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Error to the Court of Common Pleas of Allegheny county. This was an action of trover, to October Term 1862, by William A. Lyon aga.inst Samuel Gormley, executor, &e., of A. Kirk Lewis, to recover the value of 36,000 bushels of coal, taken and sold by the decedent, but claimed by Lyon to be his property, under the following circumstances:— Lewis, the decedent, under the Act of May 5th 1862, Purd. 846, had constructed an underground railroad on the land of Lyon. The viewers reported on the subject of damages, that they estimated and found “ that the damages that will be sustained, taking into…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
Our opinion is, that the Lateral Railway Act of May 5th 1832 was intended to give- the petitioner nothing more than a privilege to open, construct, complete and use a railway through the lands of another. The owner of the land is not divested of his right to the freehold, nor of his title to the stone, wood or minerals. The act fastens upon his land a servitude; but it does not disturb any right or ownership not' essential to that servitude. Under the general railroad law, and in most of our railroad charters, provision is made only for the…
2Cases cited1 opinion
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
3Cited by9 opinions
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- Philadelphia Felt Co.'s AppealSupreme Court of Pennsylvania · 1928
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